In 15 state legislatures, state legislators are subject to term limits. Voters in six additional states voted to have term limits, but in two cases, the state legislature voted to nullify the limits imposed by voters and in four other states, courts nullified the voter-imposed limits, primarily for technical reasons.

In the United States, there are 1,971 state senate seats and 5,413 state house seats. 562 of the 1,971 state senate seats, or 28.5%, come with a limit. 1,368 of the 5,413 state house seats, or 25%, come with a limit. Of the total of 7,384 state legislative seats, 1,930 (26.1%) are limited.

Lifetime versus consecutive

Legislative term limits can be either lifetime or consecutive. In the nine states where the limits are consecutive, once a state legislator has served the maximum number of terms in office, he or she, if eligible, can run for office for the state's other legislative chamber, or leave the legislature. After a period of time no longer in office in a particular legislative chamber, however, the legislator is allowed to run again for office in that legislative chamber. The period of time that a legislator must be out of office before being able to run again is usually two years.

In six of the 15 states with limits on state legislators, the limit is a lifetime limit. These states are Arkansas, California, Michigan, Missouri, Nevada and Oklahoma. In these states, once a legislator has served the maximum allowable number of terms in a particular legislative chamber, they may never again run for or hold office in that particular chamber.[1]

14 state senate chambers and 13 state house chambers held general elections on November 2, 2010 that included some state legislators who were unable to run for re-election in 2010 because of their state's legislative term limits.

122 state senators were termed-out in 2010. This represented 36% of the 337 total state senate seats up for election in November in the 14 term-limited state senates with elections in 2010.

253 state representatives were termed-out. This represented 20% of the 1,263 total seats up for election in November in the 13 term-limited states with elections in November 2010.

Altogether, 375 current state legislators were required to leave office after the November elections because of term limits. This was 23% of the 1,600 state legislative seats up for election in the 14 term-limited states with 2010 elections.

The Republican Party took more of a hit from term limits in the 2010 state legislative elections than the Democratic Party, both in terms of how many individual incumbent legislators the Republican Party lost (190, versus 182 for the Democratic Party) and in terms of how many state legislative chambers lost more Republicans (13, versus 10 for the Democratic Party).

Incumbents

Party

# of termed senators

# of termed representatives

Total

Democratic

55

127

182

Republican

66

124

190

Non-partisan

1

2

3

Chambers

Party

Senates with most losses

Houses with most losses

Total

Democratic

4

6

10

Republican

7

6

13

Equal D/R losses

2

1

3

Impact on party control of seats

In 2010, a total of 376 seats were termed out in state senates and state houses combined. Of those, 61 seats, or 16.2%, changed party hands. In state senates, 19 seats, or 15.7% of termed-out seats, changed party hands. In state houses, 42 seats, or 16.5% of termed-out seats, changed party hands.

Thirteen state senate chambers and thirteen state house chambers that held general elections on November 6, 2012 include some state legislators who were unable to run for re-election in 2012 because of their state's legislative term limits.

83 state senators were termed-out in 2012. This represents 15.9% of the 523 total state senate seats up for election in the 13 term-limited state senates with elections in November 2012.

172 state representatives were termed-out. This represents 13.6% of the 1,263 total seats up for election in the 13 term-limited states with elections in November 2012.

Altogether, 255 current state legislators had to leave office after the November elections because of term limits. This was14.3% of the 1,786 state legislative seats up for election in the 14 term-limited states with 2012 elections, and about 4% of the 6,015 state legislative seats that were up for election altogether in 2012, including the non-term-limited states.

Incumbents

Party

# of termed senators

# of termed representatives

Total

Democratic

33

85

118

Republican

38

84

122

Non-partisan

7

0

7

Chambers

Party

Senates with most losses

Houses with most losses

Total

Democratic

4

6

10

Republican

5

7

12

Equal D/R losses (or non-partisan chamber)

4

0

4

Impact on parties

Although the difference is marginal, the Republican Party took more of a hit from term limits in the 2012 state legislative elections than the Democratic Party, both in terms of how many individual incumbent legislators the Republican Party lost (125, versus 122 for the Democratic Party) and in terms of how many state legislative chambers lost more Republicans (12, versus 10 for the Democratic Party).